Legal Question in Employment Law in Oregon

Re: Wrongful Termination/Discrimination

It may be a violation of the Americans with Disabilities Act to terminate on the basis of prior drug addiction. Current drug use is not protected, and one question likely to be involved in your case is whether your drug use is current or past. Some cases have held that drug use within a few months can be treated as current use. Otherwise, assuming your addiction can be considered former use, you may have a claim under the ADA and corresponding state statutes for disability discrimination based on the employer's perception that you have a disability or based on your protected "record" of a disability, i.e., your drug addiction. Be aware that a claim under the ADA requires a complaint with the Oregon Bureau of Labor, Civil Rights Division, or the Equal Employment Opportunity Commission within 300 days of the adverse employment action, which in your case appears to be your termination. Under state law, you must commence an action within one year. You should consult an attorney for assistance.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.